QQI Level 5 Legal Practice and Procedures 5N1394 Assignment Example Ireland
In this assignment example, we shall focus and discuss 5N1394 Legal Practice and Procedures QQI Level 5. We shall elaborate on all major learning outcomes and assessment techniques that can be used in the assessment evaluation of the learners.
The purpose of the minor award is to make the learners efficient and competent to understand legal practice and principles and enable them to appreciate the role of law in a range of vocational contexts in their lives.
The QQI component of the course module has 15 credit values in the (NFQ) National Frameworks of Qualifications.
Course Title – Legal Practice and Procedures
Award Type – Minor
Code – 5N1394
Level – 5
Credit Value – 15
Learning Outcomes of the 5N1394 Legal Practice and Procedures QQI Level 5 Course
The learning outcomes of this course module shall cover the role of the Irish constitution, the meaning of the common legal terms used in the legal system, structure of the Irish judicial system, hierarchy and the functions of the court, tort, civil wrong, and crimes nature and remedies available for the civil wrongs, etc.
These are the following learning outcomes of the 5N1394 Legal Practice and Procedures QQI Level 5 assignment activity:-
Explaining the Meaning of the General Terms Used in the Irish Legal System
While studying this course module the learners come across a wide range of legal terms that are used in the Irish legal system. Such common general terms must be explained by them which can be asked in the theory-based exam in the form of short questions.
The terms may include plaintiff, defendant, precedent, injunction, affidavit, appeal, defence, interim order, appearance, intestate, oath, judicial review, suit, petition, specific preference, notary public, summons, etc.
Where the affidavit is a written statement for an oath. Plaintiff is the person who brings a legal action against the defendant with a claim. The defendant is the person against whom an action is brought up. An injunction is an order of the court for restricting a party from an action or to perform an action.
Defence is a document delivered by the defendant to the plaintiff in response to the plaint. Precedent is a previously decided case law that is used as a guide or example in the subsequent similar case in the future. There are many other such terms that the learners must be well acquainted with while studying the law and procedures.
Outlining the Structure of Irish Judicial System, Hierarchy and Jurisdiction of Courts
In Ireland, there are five different types of courts operating at different levels in a hierarchy which include the district court, circuit court, high court, court of appeal, and supreme court. The other courts are special criminal court, children court, drug treatment court.
Article 34 to 37 of the Irish constitution deals with the justice administration and structure of the court system. Where the district court has jurisdiction over minor civil and criminal cases. An appeal can be made from the district court to the circuit court. The circuit court deals with more serious matters in civil and criminal. Any decision of such court can be appealed to the high court. High courts have jurisdiction over both civil and criminal matters of the highest order such as rapes, murder, robbery, scams, etc.
The decision of the high court can be challenged and appealed in the Court of Appeal or can be directly sent to the supreme court. The court of appeal hears matters appealed from the high court in civil matters and in criminal cases it hears appeals from the special criminal court and central criminal court.
The Supreme Court is the final court of appeal which is headed by the chief justice. While the special criminal court deals with only the criminal matters. While the special criminal courts deal with only the criminal matters involving the paramilitary and organized crimes with three judges with no jury.
The learners need to prepare an assignment brief explaining the hierarchy and jurisdiction of the courts in Ireland.
Defining the Nature of Torts and Difference with Criminal Wrongs
The learners during this course unit shall learn the tort and civil wrongs and nature that can be asked in the theory examination for an assessment evaluation.
The purpose of this tort law is to compensate the injured party and to restore his rights. The defendant pays the plaintiff with compensation on commission of the tort. A tort is a civil wrong where the citizens or individuals commit wrong with no specific intention. It can be in the form of property damage, personal injury, loss, or nervous shock.
Tort results in legal liability and damages are paid in monetary value. While it can also be criminal wrong that can be punished by the state. For example – Assault and battery can both be a civil wrong and crime.
This tort differs from crime as it is wrong done against a particular person or an individual and his property while crime is committed against the society.
Identifying the Categories of Judicial Remedies
The students shall be able to identify the various categories of judicial remedies provided as a result of civil wrong/commission of tort. The four types of judicial remedies are damages, restitution, coercive remedies, and declaratory remedy.
The remedy of damages is for the compensation of the party which is injured it is the compensatory damages. While the remedy of restitution restores the plaintiff to his previous position. Coercive remedies are orders of the court to force the defendant from doing a particular act.
Specific performance instructs or commands the defendant to perform his part of the contract. Declaratory remedy determines the rights of the individuals in a situation. There are also provisional remedies that can be asked in the examination.
Assessment Techniques for the 5N1394 Legal Practice and Procedures QQI Level 5 Course
To display the skills, competence, efficiency, and knowledge of the learners and analyze that whether they have achieved their learning outcomes.
The learning assessments need to be undertaken by the learners.
All learning outcomes must be assessed and achieved with the help of the minimum intended module learning outcomes set out in the validated program.
The assessor devises various assessment instruments which need to be inconsistent with QQI’s assessment requirements.
Assignment – 60%
Examination Theory – 40%
There are two assignments that need to be submitted by learners.
- An assignment is meant for a shorter period of time, unlike the Project which is being carried out for a specific period of time. It is made in response to a brief with specific guidelines.
- Examination Theory shows the ability of a learner to recall his knowledge and skills within a set period of time and application of specific theory and knowledge.
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The above-written assignment sample is based on the 5N1394 Legal Practice and Procedures QQI Level 5 course unit.
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